BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1848


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          Date of Hearing:   April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1848 (Chiu) - As Amended March 15, 2016


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires local law enforcement agencies to  
          periodically update the Sexual Assault Forensic Evidence  
          Tracking database (SAFE-T) on the disposition of all sexual  
          assault evidence kits (kits) in their custody by providing  
          specific data.  Also, the Department of Justice (DOJ) is  
          required to provide quarterly reports to the Legislature  
          summarizing the data received.








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          FISCAL EFFECT:


          1)Unknown minor reimbursable state mandated costs (GF) for local  
            agencies to provide the required information, in a yet  
            unspecified schedule, to DOJ.  However, AB 1848 does require  
            DOJ to submit quarterly reports to the Legislature; therefore  
            staff assumes the information must be submitted at least  
            quarterly.  The database is web-based and free for local law  
            enforcement agencies, so the only cost to local agencies will  
            be workload to enter and data and any status updates.  Also,  
            DOJ manages all DNA evidence testing for 46 of the 58  
            counties; the reimbursable cost from the other 12 should be  
            minor, if any.  However, reporting the reason why a rape kit  
            was not tested will be more resource intensive than providing  
            statistical data; but that should not be a common occurrence. 


          2)Costs to DOJ are minor and absorbable.


          COMMENTS:


          1)Background.  Current law requires an adult arrested for or  
            charged with a felony and a juvenile adjudicated for a felony  
            to submit DNA samples.  It also specifies that law enforcement  
            should do one of the following for any sexual assault forensic  
            evidence received by the law enforcement agency on or after  
            January 1, 2015:

             a)   Submit sexual assault forensic evidence to the crime lab  
               within 20 days after it is booked into evidence; or

             b)   Ensure that a rapid turnaround DNA program is in place  
               to submit forensic evidence collected from the victim of a  
               sexual assault directly from the medical facility where the  








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               victim is examined to the crime lab within five days after  
               the evidence is obtained from the victim. 

            Current law encourages DNA analysis of rape kits within the  
            statute of limitations, which states that a criminal complaint  
            must be filed within one year after the identification of the  
            suspect by DNA evidence, and that DNA evidence must be  
            analyzed within two years of the offense for which it was  
            collected.  Current law also encourages crime labs to do one  
            of the following:

             a)   Process rape kits, create DNA profiles when possible,  
               and upload qualifying DNA profiles into CODIS within 120  
               days of receipt of the rape kit; or

             b)   Transmit the rape kit to another crime lab within 30  
               days to create a DNA profile, and then upload the profile  
               into CODIS within 30 days of being notified about the  
               presence of DNA

            Current law also requires law enforcement agencies to inform  
            victims in writing if they intend to destroy a rape kit 60  
            days prior to the destruction of the rape kit, when the case  
            is unsolved and the statute of limitations has not run.

            SAFE-T was created by DOJ in 2015, based on voluntary data  
            input from law enforcement agencies, to help track how many  
            rape kits were not being tested.  However, a recent report by  
            the California State Auditor found that law enforcement  
            agencies rarely document reasons for not analyzing sexual  
            assault evidence kits.  The audit found 45 cases in which the  
            kits were not submitted for analysis.  Upon a more in-depth  
            review of the individual cases, the report found that analysis  
            of the kits would not have been likely to further the  
            investigation of those cases. Even though the individual  
            reasons for not testing the kits was found to be reasonable,  
            the report still stressed the need for more information about  
            why agencies decide to send some kits but not others.  









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          2)Purpose.  According to the author, there is no comprehensive  
            data on how many rape kits are collected and the reasons why  
            kits are not tested.  The author argues that we need to know  
            how many kits are collected each year, and if they're not  
            analyzed, we need to know why. 


            AB 1848 requires local law enforcement agencies to  
            periodically update SAFE-T on the disposition of all sexual  
            assault evidence kits in their custody by providing the  
            following: 


             a)   number of kits collected,


             b)   number of kits for which biological evidence samples  
               were submitted to a DNA lab for analysis; 


             c)   number of kits from which probative evidence was  
               generated; and 


             d)   reason for not submitting evidence from a given kit to a  
               DNA lab.  Also, if after 120 days the sample has not been  
               tested, a public lab is required to provide a reason for  
               the status, and if the DNA testing is performed by a  
               private lab, the responsible law enforcement agency is  
               required to provide updates on the status every 120 days. 


          1)Support:  According to the sponsor, Attorney General Kamala  
            Harris, "Recent years have seen a loudening outcry over a  
            so-called 'rape kit backlog' in California and nationwide -  
            allegations that many sexual assault evidence kits, possibly  
            thousands, remain untested.  There is no doubt that when  
            evidence that could lead to the identification of an unknown  








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            assailant goes unanalyzed without good cause, some miscarriage  
            of justice has occurred. At the same time, there are myriad  
            reasons why a local agency sample may not be tested-many of  
            which may well be legitimate-including resource limitations  
            and decisions made as part of the prosecutorial process. In  
            order to effectively address any perceived epidemic of  
            unanalyzed kits, we must better understand the reasons why  
            kits are not tested. 


          2)Opposition.  According to the California State Sheriffs'  
            Association (CSSA), "We share your intent that sexual assaults  
            are investigated and perpetrators not go unpunished.  In 2014,  
            CSSA worked with Assembly Member Nancy Skinner to amend her AB  
            1517 into a final product that will help achieve those goals  
            without being overly burdensome.  However, by requiring law  
            enforcement agencies to provide statistics to DOJ, AB 1848  
            will create another unfunded mandate and would place  
            significant cost burdens on these agencies in terms of  
            resources and personnel. 


          3)Related Legislation: 

             a)   AB 909 (Quirk), would have required a law enforcement  
               agency responsible for taking or processing rape kit  
               evidence to annually report, by July 1 of each year, to the  
               Department of Justice information pertaining to the  
               processing of rape kits, including the number of rape kits  
               the law enforcement agency collects, the number of those  
               rape kits that are tested, and the number of those rape  
               kits that are not tested. For those rape kits that are not  
               tested, the bill would require the law enforcement agency  
               to also report the reason the rape kit was not tested.   
               This bill was held on the Senate Appropriations Suspense  
               file.

             b)   AB 2499 (Maienschein), updates the SAFE-T database to  
               allow victims of sexual assault to have secure access to  








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               the location and information regarding their sexual assault  
               evidence kits.  This bill is also on today's committee  
               calendar.  

          6)Prior Legislation:  

             a)   AB 1517 (Skinner), Chapter 874, Statutes of 2014,  
               encourages law enforcement agencies to submit sexual  
               assault forensic evidence received by the agency to a crime  
               lab within 20 days after it is booked into evidence, and  
               ensure that a rapid turnaround DNA program is in place to  
               submit forensic evidence collected from the victim of a  
               sexual assault to a crime lab within 5 days after the  
               evidence is obtained from the victim.
             b)   AB 558 (Portantino), of the 2009-2010 session, would  
               have required local law enforcement agencies responsible  
               for taking or collecting rape kit evidence to annually  
               report to the Department of Justice statistical information  
               pertaining to the testing and submission for DNA analysis  
               of rape kits.  This bill was vetoed by Governor  
               Schwarzenegger, who noted: .  


                 "while this measure is well-intended, it continues to  
                 ignore the precarious fiscal conditions of California's  
                 crime laboratories?  Unfortunately, AB 558 will not  
                 provide any additional funding or staffing for crime  
                 laboratories and will instead divert resources away from  
                 testing to sending reports to the Department of Justice.  
                 In this time of fiscal crisis, I cannot condone this  
                 shift in priorities." 


          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081












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